70 218. In this respect, regarding the search for the whereabouts of Mr. José Luis Ibsen Peña, it has already been established (supra para. 111) that, on August 22, 2006, in the La Cuchilla cemetery in Santa Cruz, some osseous remains of a cranium, rotulae, humeri, femur and part of the lower jaw with four teeth were found, from an extraction carried out with a backhoe with a mechanical arm. On September 5, 2006, the Seventh Civil Court was informed that the said osseous remains were being examined in the Forensic Investigations Institute in order to confirm identification. To date, four years later, the Court has not received any information from the parties about whether the said remains have finally been identified. 219. In another case against Bolivia, the Court has already indicated that the method used to locate remains that are presumably human is crucial. Also, that the proper collection and preservation of such remains are essential conditions for determining what happened to the victims and, consequently, for the investigation, prosecution and eventual punishment of those responsible and that the passage of time can have irreversible effects on the remains when they are not conserved adequately. In this regard, the State should carry out as soon as possible the necessary expert tests to identify the said remains.255 220. In the instant case, it is evident that the State did not conduct the search to locate Mr. José Luis Ibsen Peña immediately. Likewise, without prejudging the possible identity of the person to whom the remains found in La Cuchilla correspond (supra para. 218), it is also clear that the State did not perform promptly the pertinent analyses to determine or rule out that they belong to Mr. Ibsen Peña. Moreover, search procedures to locate his whereabouts have not continued. All this constitutes a clear violation of Article 8(1) of the American Convention. 221. In this regard, the Court takes into account that during the processing of this case, the State informed that the Inter-Institutional Council for the Clarification of Forced Disappearances (“Council for the Clarification of Disappearances”) is currently implementing a project aimed at clarifying the cases of forced disappearance over the period of 1964-1982. Said project commenced on February 20, 2008, and is divided into three phases, the second of which includes the search for those who disappeared during the government of Hugo Banzer Suárez. The State also specified that this project has been approved by authorities of the Council for the Clarification of Disappearances and that its funding is guaranteed, among others, by international cooperation. 222. As previously indicated in relation to another case against the Bolivian State, the Court positively assesses the general measures adopted by the State regarding the discovering of the remains of the victims of the forced disappearances occurred in Bolivia during the 1970s.256 Nevertheless, in the instant case, the effective search for the remains of Mr. José Luis Ibsen Peña cannot depend only on the actions of the said InterInstitutional Council, because the State’s obligation subsists for the whole procedure. This means that the State must continue the search for José Luis Ibsen Peña in the most expedient and effective manner. 223. On the other hand, in this judgment it has already been stated that the case file reveals that, since February 28, 1983, the National Commission for Investigation requested 255 Cf. Case of Trujillo Oroza v. Bolivia. Monitoring Compliance with Judgment, supra nota 231, Considering clauses 15 and 16. 256 Case of Trujillo Oroza v. Bolivia. Monitoring Compliance with Judgment, supra nota 231, Considering clause 19.

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